Carr v. State, 81-587

CourtCourt of Appeal of Florida (US)
Citation421 So.2d 1098
Docket NumberNo. 81-587,81-587
PartiesAngela CARR, Appellant, v. STATE of Florida, Appellee.
Decision Date20 October 1982

Page 1098

421 So.2d 1098
Angela CARR, Appellant,
v.
STATE of Florida, Appellee.
No. 81-587.
District Court of Appeal of Florida,
Fourth District.
Oct. 20, 1982.
Rehearing Denied Dec. 8, 1982.

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

ON MOTION TO DISMISS APPEAL

PER CURIAM.

The trial court having concluded that its order on motion to compel was not dispositive of the case, the appeal is dismissed. Pursuant to the procedure suggested in Gray v. State, 379 So.2d 435 (Fla. 2d DCA 1980), the trial court shall allow appellant thirty days from the date of this order within which to file a motion to withdraw her plea. The trial court shall grant such motion unless the state is able to establish prejudice as a result of the delay engendered by this appeal. Should appellant not be allowed to withdraw her plea, she may seek review of the order denying withdrawal by filing a new appeal in this court.

ANSTEAD, BERANEK and GLICKSTEIN, JJ., concur.

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3 cases
  • Gomez v. State, 82-1584
    • United States
    • Court of Appeal of Florida (US)
    • 13 September 1983
    ...have an appellate court find that it was not, and that, therefore, it was without jurisdiction over the appeal. See, e.g., Carr v. State, 421 So.2d 1098 (Fla. 4th DCA 1982); Coleman v. State, 417 So.2d 690 (Fla. 4th DCA 1982); Kjersgaard v. State, 383 So.2d 763 (Fla. 2d DCA 1980); Gray v. S......
  • Head v. State, s. 91-00899
    • United States
    • Court of Appeal of Florida (US)
    • 26 August 1992
    ...was decided in 1979, our supreme court revisited the issue of conditional nolo pleas when it took for review the case of Carr v. State, 421 So.2d 1098 (Fla. 4th DCA 1982), and the court wrote, "[w]e agree and reiterate our holding in Brown: an issue is preserved for appeal on a nolo plea on......
  • Irani v. State, 81-1208
    • United States
    • Court of Appeal of Florida (US)
    • 26 October 1982
    ...421 So.2d 1098 Firdaush K. IRANI, The STATE of Florida, Appellee. No. 81-1208. District Court of Appeal of Florida, Third District. Oct. 26, 1982. Rehearing Denied Dec. 8, 1982. Page 1099 Friedman & Friedman, Miami Beach, Walter, Costanzo, Miller & Russell and James G. Roth, Miami, for appe......

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